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A Landline call to both my phone and my mom's


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I need guidance on what to say to these people when I call them back.

 

I do need to call them back because of their actually calling my mom today

on her phone.

 

Oct. 3 I received the following message on my landline answering machine, from a local number.

 

"Once again, if this is (me) or if you can confirm an address for (me) please press  1 now."

there is about a 7 to 8 second pause,

 

then continues with

"My name is Julie, We're calling to  verify a correct address for (me) for the purpose of a legally required notice.

 

If you can confirm the address for (me) please call...."

 

That was it as there was no call back number, my machine cut it off.

 

I did not call them back other then to make a basic, call blocked return call to see who it was.

 

E..R..S..Group

 

I ignored that and then a couple of days ago the very same message was left on my machine.

 

I have not been successful in really identifying them for a cease call so decided I would

just ignore.

 

BUT, today

 

When I got home my  mom said a call came through on her line for me.....

(We have 2 in the house.)

It was the same message as the two that I have received on my line.

It was a machine that started with ,  if this is (ME) or if you can confirm an address for (ME) press 1 now.

Mom did and there was a lot of music playing as she was on hold.

Before anyone came on the line she got a call on her call waiting and switched over
and when she went back the line was dead...

So now I must call them....

 

All of my alleged accounts are past my state SOL, with one exception.

 

The exception is, in fact past SOL, but they reaged... or attempted to... this alleged account

on the credit reports. The last possible date that could have been made on this account is

March of 2009, however this account claims a $10 payment was made in October 2009.

(My state is 4 years, unquestioned)

 

No one made that payment, but it is 49 days until even their illegal claim is over, allowing an additional 3 days for the court to post it on the web site.

 

I do not want to mention SOL on the phone as I do not want to admit an account.

 

I plan to tell them they need to send whatever they are talking about in writing.

 

They will tell me I need to confirm an address as that is the reason for their call.

 

Should I ask what it is about? What kind of legal paper?

 

I will try to get an address so I can write to them but any other suggestions I would appreciate.

 


 

 

 

 

 

 

 

 

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I'd hold off on calling them back. Their only purpose is to get money from you or to get you to say something over the phone that is to your disadvantage. Make sure you are not erasing the messages they are leaving, keep them for the record as they may be a violation. Have they sent you anything by mail? or just phone calls?

 

You say "they" re-aged the tradeline for your account, making it still within the SOL. Whose tradeline? The debt collector's? Or the original creditor's?

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I'd hold off on calling them back. Their only purpose is to get money from you or to get you to say something over the phone that is to your disadvantage. Make sure you are not erasing the messages they are leaving, keep them for the record as they may be a violation. Have they sent you anything by mail? or just phone calls?

 

You say "they" re-aged the tradeline for your account, making it still within the SOL. Whose tradeline? The debt collector's? Or the original creditor's?

I was planning on holding off calling them until they called my mom's phone.

 

There is no assurance they will not call her again.

 

I have a reasonable idea that I know who they are calling for. It is not the one that re-aged the account

but one that was sold to a well known JDB, who I believe farmed out to a real scuzy CA and then

are now going to try for this on collections.

 

The reason I think it is this company is that 3 1/2 years ago the OC or the JDB had a CA from India

call my moms line for me and they were the worst of the worst.

 

They had her number then and would still have it in their system.

 

The voice on the auto message is the same voice from the JDB auto message of the past

couple of years and also the same voice on the auto message frome the CA the JDB used.

 

This CA that the JDB used is now on my credit reports listed as a collector for the OC.

 

I am not going to mention who the OC or JDB etc are at the moment.... It truly is irrelevant..

 

As to the one that reaged... think choice of law where it is 6 years. We are talking OC here.

 

They did it on 2 accounts... but the 2nd account is clear now.

 

As to keeping the messages on the machine... that is a given, along with recording the messages on

a tape recorder and a picture of the caller id info/... which has no name... just phone number....

 

But no voiolations on this.... it is landline.

 

Even if they had completed a call to my mom and said for purposes of legal papers

there is doubtful that is a violation

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   I would hold and not call them back until the month is over, afterwards, let them know that you only wish to be contacted by mail, when they send you mail, request debt validation, once you're completely out of SOL, if they even breath the words lawsuit, hire a consumer rights attorney, many of whom will work on a contingency and absolutely hammer them in court. 

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You can not block your calls to them. The JDB's have a ANI systey in place. That is an automatic number identification system which will un block your number if you try to block it. Your best bet is to send a letter CMRRR tomorrow telling them that all calls to you at any number including your parents is inconvienent. This may or may not work, but in most cases it does help.

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Even the call was to your landline phone, you may have a FDCPA violation for lack of meaningful disclosure, 15 USC 1692d(6).  I would contact a consumer lawyer.  If they think you have a valid claim, they can probably represent you for free due to the fee-shifting provision of the FDCPA.

 

http://scholar.google.com/scholar_case?case=10311695739040281348&q=1692d(6)+meaningful+disclosure&hl=en&as_sdt=2003&as_ylo=2012

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You can not block your calls to them. The JDB's have a ANI systey in place. That is an automatic number identification system which will un block your number if you try to block it. Your best bet is to send a letter CMRRR tomorrow telling them that all calls to you at any number including your parents is inconvienent. This may or may not work, but in most cases it does help.

* 67 to a local number does not work?

 

No problem... I really don't care, but I cannot send them a a cease and desist as I really do not know who they are.

 

There are a number of businesses who use their initials...

 

Rip off has a single posting under their initials from 2011. And the name there is Everest Receivable Services.

 

However, I have no way to know if this is them unless I call.

 

Then I can send my current SOL cease communications letter CMRRR.

 

I am looking into attorneys now to see if one is available on coontingency should I get wind of a summons on an SOL.

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I made the call.

 

I followed my own script and while they would not tell me what it was about because I

would not verify the last four of my social she did tell me they would send it, and

wished me good luck.

 

At no time was their a mention they were debt collectors, and certainly no verbal

mini0miranda... however, since they did not really tell me anything I assume it is

not a violation.

 

She did give me their name.... Everest Receivable Services , and they are

categorized as a debt collector.

 

When I see what it is they send I will let you all know

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